Underwriting
How Litigation Insurance Is Underwritten
Merits, quantum, costs, enforceability, counterparty — assessed in that order.
How is litigation insurance underwritten?
Underwriters assess the legal merits, the realistic quantum, the costs profile through to trial, the enforceability of any recovery and the counterparty's ability to pay. Documentary strength, expert evidence and the identity of the legal team all weigh heavily. Structure and limit follow that assessment.
Key points
- Merits assessments and counsel opinions carry significant weight.
- Quantum must be realistic and evidenced, not aspirational.
- Costs budgets and stage profiles shape how cover is staged.
- Enforceability can matter as much as the prospects of success.
The assessment sequence
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Information required
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Common obstacles
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Timelines
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General information only. This page is not legal, financial, investment or insurance advice. Any insurance is subject to underwriting and to the terms of the policy wording issued.